TERMS AND CONDITIONS
Fine Art Terms and conditions
CONDITIONS OF AUCTION SALE
The following Conditions of Sale, including the appended notes and other information, whether printed or online, as they may be amended by any posted notices or oral announcements before or during the auction sale constitute the entire agreement between Barridoff Auctions, representing its consignors, and Bidder relative to the item being sold and the conduct of the sale. Unless the context otherwise indicates, the terms “Barridoff Auctions” and “auctioneer” are interchangeable, “consignor” and “seller” are interchangeable, and “buyer” means the winning bidder. By registering for or participating in the auction sale, all bidders agree to the terms hereof.
1.The Sale. The contract for sale for any item purchased at auction is between the consignor (seller) and the winning bidder. Barridoff Auctions acts as the consignor’s agent only, unless Barridoff Auctions is selling the item as principal. The sale of every lot of one or multiple items constitutes a separate sale under Maine law and the Uniform Commercial Code. Bidding on a lot starts when the lot is opened for bidding by the auctioneer. Items are sold with reserve and starting bids may start below the reserve price. The auctioneer may reject any bid below the reserve. The auctioneer may bid on behalf of the consignor or of Barridoff Auctions. If an item does not reach its reserve price, the auctioneer may pass the item. Barridoff Auctions may withdraw any item at any time before its actual sale. Bids must be consistent with the standard bidding increments and may be varied only upon permission from the auctioneer. A bid received between two increments may be rejected or reduced to the next lowest increment or increased to the next highest increment at the discretion of the auctioneer. Bidder may not make consecutive bids if there is an opposing bidder and there must be at least one increment/other bidder separating Bidder’s bids in that instance, except by permission of the auctioneer.
The auction is a live sale and not a timed sale, and absentee and pre-auction bids submitted prior to the sale are not considered made until executed by the clerk administering the bid and recognized by the auctioneer. The auctioneer will recognize bids as they are made and does not give preference to either bids made by bidders in the room or remote bids. A clerk administering a remote bid is deemed a bidder present in the room for that bid and will be recognized by the auctioneer equally to all other bidders. The buyer is the highest bidder acknowledged by the auctioneer upon the fall of the hammer, which indicates the completion of the sale. In the event of a tie bid, the first bid recognized by the auctioneer has precedence. In the event of a bid received as the hammer is falling, it is in the auctioneer’s discretion whether to accept the bid or declare the sale complete. Barridoff Auctions has authority to decide any disputes over the auction process in Barridoff Auctions’ sole discretion, whose decision is final and binding. Bidder understands that any dispute regarding a purchased lot is between the consignor and the buyer unless the dispute concerns the conduct of the sale or other issue within the sole responsibility and control of Barridoff Auctions. The actual results of the sale are not final until confirmed as such by Barridoff Auctions subsequent to the auction.
2. Registration by Bidder. Bidder must provide accurate information, including Bidder’s name, residential address (not P.O. Box), proper contact information and credit card information owned or authorized to be used by the bidder. Bidder understands that any credit card information provided may be used to comply with any condition of these terms and conditions, including for payment of items won, if Bidder does not provide another payment method pursuant to these terms and conditions. Barridoff Auctions may require further information regarding Bidder’s financial ability and condition as a condition of registration or at any time prior to the auction, during the auction or subsequent to the auction. Barridoff Auctions reserves the right deny registration, bidding or to cancel a sale and/or seek damages if a Bidder violates the conditions of this paragraph.
3. Remote Bidding. As a convenience to clients who cannot attend a sale in person, absentee bidding, telephone bidding and online bidding options are available, but Barridoff Auctions is not responsible for technical difficulties, mistakes or other issue that may occur with those bidding methods. Barridoff Auctions strongly suggests that bidders be present in the room. Remote methods and absentee or other pre-auction bids do not take precedence over bidding in the room. The clerk administering a remote bid is deemed a bidder in the room and bids made by that clerk are subject to recognition by the auctioneer as any other bidder. The auctioneer will not advance an increment for an absentee or pre-auction bid that is currently holding the increment one below the maximum amount authorized by that bidder. Barridoff Auctions strongly recommends remote bidders who wish to bid pre-auction or absentee complete the absentee registration form, not submit the bid through an online bidding platform, and indicate “+1,” which will protect the absentee bidder if another bidder lands on the absentee bidder’s maximum amount by allowing the clerk to bid one increment higher than the maximum.
Each remote bidding platform/method will order tie bids received within that platform/method giving the first received bid precedence. This bid will be the bid presented to the auctioneer by the clerk for that platform/method. An absentee or pre-auction bid submitted that is less than half of the low estimate of an item will be rejected by Barridoff Auctions.
Absentee and telephone bidding registration forms may be found on the Barridoff Auctions website. Any pre-auction, absentee or telephone safety bid given that is not consistent with the published bidding increments may be rejected or rounded down to the next lowest increment. Online bidding may be available on the Barridoff website and one or more online auctioneering websites as announced by Barridoff Auctions, and absentee or pre-auction bids left on those platforms do not take precedence over other bids. Mistakes made by Bidder are the responsibility of Bidder and may not be cause to rescind a sale. Barridoff Auctions is not responsible for errors and omissions made in connection with absentee, telephone, Internet or other remote bidding methods. Online bidding may indicate a winning bid or other confirmation that is erroneous based upon what happens in the room (bid comes after fall of hammer, auctioneer recognizes another bid given simultaneously, mistake made by remote clerk, etc) and the official sale results are the results confirmed as such by Barridoff Auctions under paragraph 1. Online bidders may have to wait to purchase and retrieve won lots until after confirmation of official sale by Barridoff Auctions.
4. Mistakes by Bidder. Under Maine Law and the Uniform Commercial Code, the bidder with the highest bid recognized by the auctioneer upon the fall of the hammer becomes the owner of the item, even if the bid was made by mistake or otherwise unintentional. Barridoff Auctions takes no responsibility nor will rescind or refund a sale in which the winning bidder claims to have won unintentionally or by mistake. Attention to the item being bid on and the conduct of Bidder’s bidding is the sole responsibility of Bidder. A person who has not registered who bids on and wins an item at the auction sale is deemed to be a bidder and agrees and is subject to these terms and conditions.
5. Information Provided by Barridoff Auctions. Provenances are included in the catalog to the extent they are available. Estimates are included with each lot (See note on estimates in paragraph 13). Statements of condition may be provided. However, these provenances, estimates and statements of condition and any other information provided by Barridoff Auctions or its staff are merely the opinion of Barridoff Auctions and may not be taken as statements of fact to substitute research regarding and inspection of the item by Bidder, more fully described in paragraphs 6 and 7. However, Barridoff Auctions endeavors to provide the most accurate and complete information on an item and to answer to the fullest extent possible any reasonable question, subject to the disclaimers herein. An item may be described as an attribution or “attributed to,” “school of,” or “circle of” indicating that the authenticity of the item cannot be definitively determined (also see Disputes on Grounds of Authenticity in Notes and Other Information, below). Barridoff Auctions and the auctioneer may make corrections and provide additional information as available up to and during the time of sale.
6. Disclaimer for Errors and Omissions; Items sold AS IS; Bidder responsibility to inspect and perform due diligence. Barridoff Auctions is not responsible for errors or omissions contained in the catalog, provided by Barridoff Auctions or presented by the auctioneer or in any other information detailed in paragraph 5. Barridoff Auctions makes no representation or warranty with respect to and is not responsible for the description, quality, condition or authenticity of any items sold, and makes no warranty as to merchantability or fitness for a particular purpose. All items are sold “AS IS.” Prospective bidders bear sole responsibility to inspect an item before bidding and perform other due diligence to determine the item’s authenticity, condition, size and whether or not the item has been repaired or restored. No representation or warranty is made as to copyright of any item or whether Bidder acquires any reproduction rights of the item.
7. Opportunity for Inspection by Bidder; No Obligation to Inspect or Test by Barridoff Auctions. Barridoff Auctions offers the opportunity for prospective bidders to examine an item and Barridoff Auctions assumes no obligation to Bidder for Barridoff Auctions to examine, investigate or carry out any tests, either in sufficient depth or at all, to establish the authenticity or accuracy or otherwise of any description or opinion of Barridoff Auctions, whether given orally, in writing, on its website or any published catalog or literature. Bidder should not assume that any such examination, investigation or test has occurred. Barridoff Auctions does not make or agree to make any representation of fact and undertakes no obligation or duty, whether in contract or in tort, with respect to the accuracy or completeness of any statement or representation made by Barridoff Auctions or on Barridoff Auctions’ behalf that is in any way descriptive of any item or as to the anticipated or likely selling price of any item. No statement or representation by Barridoff Auctions or on Barridoff Auctions’ behalf in any way descriptive of any item or any estimate is incorporated into these terms and conditions or agreement for sale with Bidder.
8. Buyer’s Premium. Barridoff Auctions charges the winning bidder a premium to be added to the hammer price on each item purchased. This premium is equal to 22% of a hammer price up to $500,000, and 17% of a hammer price above $500,000. A surcharge above this premium may be assessed for online sales, including on the Barridoff website or the Barridoff app, the amount of which may vary depending on the specific online platform or app on which the bidding is being conducted, which will be noted in the terms for that specific platform. The online surcharge pays for the online service and is not retained by Baridoff Auctions. A 2% discount of the premium will be given for any item paid for and removed by the end of auction day.
9. Completion of Sale; Payment by Bidder. Upon the fall of the auctioneer’s hammer, the sale is complete and title to the item passes to the highest bidder, subject to the terms hereof including payment in full, who is bound by the sale and assumes full risk and responsibility thereof. The buyer authorizes Barridoff Auctions to sign a sales record, which is conclusive as to the terms of the sale, on the winning bidder’s behalf. It is expected that the buyer has the funds available to pay for the item upon the completion of sale. Payment is due upon completion of the auction and, unless alternate payment arrangements have been made and agreed to in writing by Barridoff Auctions, Barridoff Auctions reserves the right to charge any credit card or other financial account of the buyer on file or provided by buyer with Barridoff Auctions at that time or any time thereafter for any amounts owed. All items must be fully paid for, including any additional amounts owed Barridoff Auctions under paragraph 11 or otherwise, and removed from the premises of the auction by the buyer at the buyer’s expense within 24 hours of the day of sale unless other specific arrangements have been made and agreed to in writing by Barridoff Auctions. Barridoff Auctions may cancel a sale and buyer may be deemed to have forfeited a won item if payment or arrangements for payment are not made pursuant to this paragraph. Payment for each item purchased must be made before the item is removed. Only cash, certified check, wire transfer or verified credit card are acceptable as payment methods unless other suitable arrangements have been made with Barridoff Auctions at least five days before the auction. Barridoff Auctions reserves the right to reject any particular payment method by Bidder. All sales are final and no refunds will be given with the limited exception of circumstances under paragraph 12. Buyer agrees that by registering to bid under these terms and conditions, buyer waives the right to charge back buyer’s credit card or otherwise reverse or stop any payment given, with any violation of this provision resulting in liquidated damages in the amount of double the chargeback or reversed or stopped payment owed Barridoff Auctions by buyer if Barridoff Auctions has to enforce this provision.
10. Post-sale responsibilities of Bidder. Barridoff Auctions is not responsible for any loss by a buyer as a result of the damage, loss or theft of an item subsequent to the completion of the sale for that item and encourages the buyer to pay for and remove purchased items immediately after the sale. If an item won at auction is not paid for and removed from the premises within 5 business days after the sale, additional charges under paragraph 11 may apply. Shipping, packing, storage and any related expense of an item are the sole responsibility of the buyer of the item.
11. Bidder Compliance with Terms and Conditions; Remedies Available to Barridoff Auctions. If Bidder does not comply with an applicable term or condition herein, including not timely making payment or arrangements for payment under paragraph 9, Barridoff Auctions and the consignor have one or more of the following nonexclusive rights and remedies, in addition any other remedy available at law or in equity, without notice: a) to hold the winning bidder liable for the total purchase price plus interest of 1 1⁄2 % per month, compounded monthly; b) to cancel the sale and retain as liquidated damages all payments made by the winning bidder; c) to cancel the sale and resell the item, in which case the winning bidder is liable for any deficiency, cost, including handling and storage charges, the expenses of both sales, premiums or commissions on both sales and all other charges and incidental damages; d) to charge 1% of the total purchase price per month, with a minimum charge of 5%, to handle any item not timely removed; e) to exclude the winning bidder and its agents or affiliates from all future auctions; f) to charge a reasonable storage fee; g) to set off any amounts Barridoff or consignor owes the winning bidder; h) to ship items owned by the winning bidder to the winning bidder at winning bidder’s expense; or i) to charge winning bidder’s credit card on file with or available to Barridoff Auctions for any amounts owed Barridoff Auctions. The winning bidder is responsible to Barridoff Auctions for the winning bidder’s premium due Barridoff Auctions under paragraph 8 separate and apart from any other remedy listed in this paragraph. A winning bidder is deemed to have granted to Barridoff Auctions or its consignor as collateral for bidder’s obligations hereunder a security interest in any item of the winning bidder purchased at a Barridoff auction sale, and Barridoff Auctions and the consignor have all of the rights of a secured party in Maine and the law of the location of the item. Barridoff Auctions has all of the rights of the consignor to pursue all rights and remedies hereunder, and Barridoff Auctions and its consignor are entitled to all of their costs, including reasonable attorney’s fees, court and collection costs, in enforcing their rights and remedies hereunder. Bidder waives any and all rights it may now or in the future have under any Maine law governing unclaimed or abandoned property.
12. Disputes on Grounds of Authenticity. Disputes on the grounds of authenticity subsequent to sale must be made within 15 days of receipt of the item by the buyer and must be supported by the written testimony of at least one recognized expert of the specific artist involved, or two recognized experts of the general field or genre in which that artist belongs. Only if the disputed item is in the same condition as when sold will a rescission of the sale be considered. In the event Barridoff Auctions agrees to rescind the sale, the decision of which is at Barridoff Auctions’ sole discretion, an amount up to the purchase price, plus sales tax if appropriate, may be refunded to the buyer. Such rescission and refund is exclusive and in lieu of any other remedies which might otherwise be available as a matter of contract or law. In no event does Barridoff Auctions’ or its consignor’s responsibility under this paragraph exceed the purchase price and sales tax of the item sold. Recission of sale or any refund under this paragraph does not apply to any item listed as “attribution,” “attributed to,” “school of,” “circle of” or any other term qualifying authenticity.
13. Estimates. The high and low estimate given for an item are solely a guideline based upon Barridoff Auctions’ approximation as to the range within which an item may be purchased at auction. An estimate is not a statement of value or selling price of an item and Barridoff Auctions makes no guarantee, representation or agreement as to the value or selling price of an item other than Barridoff Auctions’ opinion of the item’s possible auction price.
14. Sales Tax. All purchases are subject to Maine sales tax (5.5%) or Massachusetts sales tax (6.25%) unless the buyer is located in another state and shipping is arranged by Barridoff Auctions or the buyer provides a sales tax exemption certificate issued by or acceptable to Maine Revenue Services and a valid, signed copy of which is presented to Barridoff Auctions. Maine sales tax is applicable to the full purchase price, which includes the hammer price plus the buyer’s premium and surcharges under paragraph 8. Purchases made from other states or jurisdictions may be subject to a sales or use tax for that state or jurisdiction.
15. Use of Images. The images and descriptions used in the catalog may not be reproduced in any manner without the written authorization of Barridoff Auctions.
16. Applicable Law; Jurisdiction of Disputes. Title 11, Section 2-328 of the Uniform Commercial Code and Title 32, chapter 5-B of the Maine Revised Statutes apply to auction sales conducted by Barridoff Auctions. These terms and conditions of sale are governed by and shall be interpreted under Maine law, and any conflicts hereunder shall be decided in the state and federal courts located in Cumberland County, Maine, and all bidders submit themselves to the jurisdiction thereof. The regulating authority of this auction is the Board of Licensing of Auctioneers, 35 State House Station, Augusta ME 04333-0035.
17. Maintain current contact information and timely respond to Barridoff communications. Bidder must provide and maintain current contact information that allows Barridoff Auctions to communicate with Bidder and timely respond to Barridoff Auctions inquiries, requests and other communications as required by Barridoff Auctions. Failure to do so may result in denial of registration, right to bid or the cancellation of the sale subsequent to the auction.
18. Force Majeure. Notwithstanding anything to the contrary contained herein, Barridoff Auctions is not liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.
19. Application of Terms and Conditions. Unless agreed otherwise in writing between Barridoff Auctions and Bidder, these terms and conditions, whenever applicable, apply to all private sales, post auction sales and any other transaction between the parties not conducted at the auction sale that occur while these terms and conditions are posted by Barridoff Auctions.
NOTES AND OTHER INFORMATION
ABBREVIATIONS
l.c. lower center
l.l. lower left
l.r lower right
u.c. upper center
u.l. upper left
u.r. upper right
b. born
c. circa
Am. American
Br. British
Can. Canadian
Chn. China
Eur. European
Fr. French
Ger. German
It. Italian
Jap. Japanese
Rus. Russian
Swe. Sweden
h. height
w. width
l. length
d. depth
DESCRIPTIONS
All descriptions and notes of signatures, titles, dates, labels, inscriptions and other notable features of an item are assumed to be of the front (recto) unless otherwise noted. If a notable feature is described to be on “verso,” that indicates it is on the back or reverse of the item. If a feature is described to be on the stretcher, it is on verso unless otherwise indicated. Signatures, initials, dates and titles, etc. may be noted but not quoted in the description unless there is an unusual or noteworthy characteristic of the signature, initial, date or title, etc. If an item description does not note a signature or that the item is signed, it should be assumed that the item is not signed. If there is an exhibition label but no exhibition listed, that means the label does not identify the exhibition. All paintings on canvas or other fabric are assumed to be stretched unless specifically noted “unstretched.” For items described as “under glass,” the type of glass is unspecified unless otherwise noted. A collateral item mentioned such as a certificate of authenticity, letter referencing or photograph showing the listed item, book or catalog depicting or referencing the listed item, etc., are not part of the description of the item for purposes of sale of that item unless specifically noted.
SHIPPING
Shipping arrangements and all packing and shipping charges are the responsibility of the buyer. Barridoff Auctions assumes no responsibility of any kind for providing this service. For your convenience, our in-house partner Eastern Art Services would be happy to provide a quote to pack and ship your items purchased at the auction.
Eastern Art Services provides an art shuttle within a 300 miles radius of the auction facility (to New York City). Please inquire if you wish to use the shuttle services.
If you are not using our in-house partner, once you have made arrangements with the shipping service of your choice, please send an email to fineart@barridoff.com releasing your purchase to be shipped to that shipping service and include the lot number and any additional pertinent details. After we receive your release, we will coordinate the details of pick-up with your designated shipper. You will receive an email confirmation when your item(s) have been retrieved.
FRAMES
If a frame is thought to be original to the work of art or of some other particular interest based upon its history, value or beauty, it may be illustrated; but the illustration is in no way to be considered a guarantee of same unless information about the frame is included in the catalog description.
OLD MASTERS
Unless otherwise noted, all works by Old Masters, including school, manner and other related information including dates are now by policy offered as attributions because, in the opinion of Barridoff Auctions, there has been too little or no known opportunity for a consensus, extensive research or singular expertise or because such opportunities often result in significant changes and varied opinions. However, all attributions are, in the opinion of Barridoff Auctions, appropriate as cataloged.
CONDITION REPORTS
Condition reports may be in the catalog and are available upon request. However, as more fully described in paragraph 5, a condition report is in no way a guarantee, nor should it be considered an expert opinion. All lots should be examined by potential bidders. Because few lots are examined by Barridoff Auctions out of their frames, potential bidders should assume that condition reports only include areas that are clearly visible unless otherwise stated. Barridoff will remove a work from its frame if requested and if it does not appear to threaten to damage the piece or otherwise present an impracticality or other similar reason.
SIZE
Unless otherwise noted, the size of each item is measured height by width in inches and does not include the frame. Sizes are approximate. The term “actual” means the actual size of the artwork without any frame or other appendage, “framed” means the size of the item including the frame and “sight” means the visible portion of the item when the actual size is covered or obscured and unable to be determined. All prints (etchings, lithographs, silkscreens, etc.), to the best of Barridoff Auctions’ knowledge, have full margins unless otherwise noted. The terms regarding information in paragraph 4 apply to information regarding sizes provided by Barridoff Auctions.
LIVE PHONE BIDDING AND ONLINE BIDDING
Phone bid registrations are allowed on a limited first-come, first-served basis. Phone bidders must make arrangements in advance. Barridoff Auctions provides phone bidding as a service for bidders who cannot attend the auction, but phones are not the perfect medium for bidding at an auction under any circumstances and cell phones, while useful, can be particularly difficult. Bidders should be mindful of these limitations if choosing to bid by phone, and it is suggested that phone bidders leave a “safety” bid, or emergency absentee bid, in the event the telephone call is disrupted, dropped or otherwise unable to be connected through to the completion of bidding for that lot. Bidding may also be available online in real time at barridoff.com, bidsquare.com, invaluable.com and liveauctioneers.com. Bidders are advised to familiarize themselves with the rules and procedures provided for whatever platform Bidder is using prior to bidding. Online bidding platforms may charge a surcharge over and above the buyer’s premium for an item, including bidding through the Barridoff website or APP. Barridoff Auctions is not responsible for any difficulties, technical or otherwise, that may be experienced through bidding other than in person. Mistakes made by Bidder, including mistakenly bidding on and winning an item not intended by Bidder, is Bidder’s sole responsibility and Barridoff Auctions will not refund or rescind a sale that Bidder claimed was made by mistake or unintentional.
ADDITIONS AND ERRATA.
Additions consigned too late to be included in the bound copy of the catalog may be found on a continually updated separate sheet and on the online catalog to the extent possible. All additions will be included on the final sheet available at the auction and be placed sequentially at the end of the sale. Online catalogs are updated daily. Lot numbers correspond with the printed catalog and additions sheets. Errata are also published in the updated sheet listing any corrections of inaccuracies or additional information concerning the original catalog. Online updates may happen without notice by Barridoff Auctions, so Bidder should refer to the most current posted auction information to remained accurately informed. The auctioneer may announce errors, omissions or changes at the commencement of or during the auction sale.
PROVENANCE
Provenance is listed insofar as it is known or is allowed to be published by the consignor, who is ultimately responsible for the accuracy of any provenance information given. The conditions regarding information in paragraph 5 apply to any provenance information provided by Barridoff Auctions.
TITLES
Titles are provided for most items in the sale. A title bounded by quotation marks indicates that it is the official title of the item. A title not bounded by quotation marks is an unofficial title or a brief description of an untitled item used to identify the item.
OFFERS FOR PREVIOUS SALES
Barridoff Auctions accepts offers for items purchased at former auctions on behalf of present or former buyers. An offer for an item from a previous sale that does not exceed the purchase price for that sale will not be considered. If Barridoff Auctions receives and determines suitable a bona fide offer for an item, Barridoff Auctions will relay the offer to the buyer for consideration and rejection, acceptance or counter-offer. If the buyer accepts the offer, a counter-offer or makes a counter-offer that is accepted, the applicable terms and conditions of sale herein apply to the transaction.
MAJOR CREDIT CARDS ACCEPTED
Barridoff Auctions accepts as payment the credit cards Visa, Mastercard, Discover or American Express, subject to paragraph 9, but is not obligated to accept any credit card presented by Bidder. Bidder acknowledges that all sales are final and for the privilege of paying by credit card, Bidder waives any right to perform a chargeback or otherwise stop or reverse payment for an item for which Bidder was acknowledged as the winner by the auctioneer. Barridoff Auctions reserves the right to refuse payment by credit card for any particular bidder.
DISCOUNT FOR PAYING FOR/REMOVING PURCHASED ITEMS ON AUCTION DAY Barridoff Auctions is offering a discount on the buyer’s premium under paragraph 8 an amount equal to 2% of the hammer price for items paid for and removed from the auction premises the day of the auction.
AUCTIONEER
William J. Milliken. ME license number AUC1627